Top court nominee fields questions on his credentials

OTTAWA — From his views on the Charter to the principles behind sentencing, Canada’s newest Supreme Court nominee was on the hot seat Thursday as MPs studied his credentials before rubber stamping his appointment.

Richard Wagner said his 24 years as a civil and commercial litigator as well as his time as a trial and Quebec appeals court judge have given him the “knowledge” and “maturity” needed for this new role.

He said he understands the legal community and knows the “ins and outs” of the Quebec legal system.

Wagner also dismissed the suggestion that a mere year-and-a-half as an appellate court judge was, perhaps, not enough, noting it’s about “quality not quantity.”

Asked about the objective of sentencing by a Conservative MP whose government has been a big proponent of minimum penalties for certain crimes, Wagner said sentencing requires a certain amount of “judicial discretion,”

noting it must take into account both the crime committed and the individual accused.

“I prefer to look at it under the light of fairness, is it just, is it fair.”

He also noted appellate courts ought to only intervene in sentencing in the event of a significant error at the trial level.

Asked for his views on the Charter of Rights and Freedoms — again by the Conservatives whose tough-on-crime laws have been challenged in court — Wagner stressed the importance of “striking a balance.”

He said the Supreme Court’s role is to interpret the laws made by Parliament, but that the law is not “set in stone.”

“I think that there have been interpretations by the judiciary that have led to various new laws,” he said. “It’s a process that evolves as society develops.”

Wagner said he’s a “fervent advocate of the independence of the courts” and the “impartiality of the judiciary,” and raised concerns about court delays and access to justice, noting it’s the “biggest challenge” facing the judicial system today.

Noting more accused are representing themselves now than was the case 15 or 20 years ago, Wagner said everybody needs to play a role in improving things like access to Legal Aid.

Wagner also stressed his French connection, something the last Supreme Court nominee lacked. (Justice Michael Moldaver came under fire for not being bilingual.)

“I’m a Montrealer and I’m very proud of my francophone heritage and of my mother tongue which is one of the most beautiful languages in the world,” he said in French.

“I have always lived in Quebec and I always try to do justice to my citizens when I perform my duties.”

Ultimately chosen by Prime Minister Stephen Harper and Justice Minister Rob Nicholson from a short list of three supplied by an all-party committee, Wagner is a shoo-in for the job and the meeting is really just a formality.

The 55-year-old Quebec Court of Appeal judge was selected to replace Marie Deschamps, who retired at the end of the summer.

A bilingual expert in civil law from Montreal, Wagner is the son of Claude Wagner, a well-known judge and lawyer from Shawinigan who served in both the Quebec Liberal party of Jean Lesage in the 1960s and the federal Progressive Conservative Party in the 1970s. Claude Wagner unsuccessfully ran for the leadership of the party in 1976, when it chose Joe Clark as leader, and was later appointed to the Senate by Pierre Trudeau in 1978 where he sat as a Progressive Conservative. He died in 1979.

While some have raised concerns that the Harper Conservatives might try to give the judiciary a more conservative bent, the Opposition has raised no issue with Wagner’s familial ties.

In fact, the NDP has shown nothing but praise for Wagner. While NDP justice critic Francoise Boivin did raise concerns about the need to maintain the gender balance on Canada’s top bench, she noted there will be two more vacancies coming up in Quebec soon which means there’s still ample time to select another woman.

Wagner has been a judge on the Quebec Court of Appeal since February of 2011, having previously served on Quebec’s Superior Court since 2004.

After receiving his bachelor’s degree in political science from the University of Ottawa, he was called to the bar in 1980. According to his biography, Wagner became a “recognized and respected civil and commercial litigator” focusing on real estate, commercial litigation and professional liability insurance.

He was a certified mediator and also served as an executive member of the Canadian Bar Association’s construction law section, experience that could serve him well given Quebec’s ongoing legal headaches over corruption allegations in the province’s construction sector.

Wagner has been involved in a number of high-profile cases including that of retired appeal court judge Jacques Delisle who was found guilty in June of murdering his disabled wife.

He was also involved in the trial of five men accused in the Norbourg financial scandal and who were linked to convicted fraudster Vincent Lacroix.

Wagner has two grown children, who’ve also become lawyers, and a new granddaughter. As a middle child, he said he learned how to compromise at a young age and describes his upbringing as a happy one.

I cover justice, immigration and public safety issues as part of the Postmedia News politics team. I also keep tabs on what the official Opposition — the NDP — is up to in the House of Commons.
Before... read more coming here I spent several years in Montreal and Toronto with The Canadian Press covering provincial politics and major crime and court stories. I also helped cover the war in Afghanistan from inside and outside the wire.
I previously worked for the Ottawa Sun chasing crime stories and following convicts through the court system.
I love the unpredictability of my job and believe the opportunity to help document history as it unfolds is an awesome privilege that never ceases to give me chills.
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